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PEOPLE vs Mario Abendan, et al

PEOPLE OF THE PHILIPPINES, appellee, vs. MARIO ABENDAN, JULIAN PADIGOS and PRIMITIVO “Tebong” ABENDAN, appellants.

G.R. Nos. 132026-27 | 2001-06-28

D E C I S I O N

PANGANIBAN, J.:

In denying this appeal, the Court iterates the following doctrines: (1) positive identification prevails over denial and alibi; (2) delay in making a criminal accusation does not necessarily impair the credibility of witnesses; and (3) once conspiracy is established, the act of one is considered the act of all.

The Case

Mario Abendan, Julian Padigos and Primitivo Abendan appeal the July 15, 1997 Decision[1] of the Regional Trial Court (RTC) of Cebu, Branch 10, in Criminal Case Nos. CBU-33212, CBU-33213 and CBU-34692, finding them guilty on two counts of murder and one count of frustrated murder.

In two...